Standard Cited: 5A0001 OSH Act General Duty Paragraph

Violation Items
Nr: 103161170 Citation: 01001 Issuance: 06/12/1991 ReportingID: 0729700
Viol Type:Serious NrInstances:1 Contest Date:
Abatement Date:06/21/1991 X Nr Exposed:2 Final Order:
Initial Penalty:1000.00 REC:A Emphasis:
Current Penalty:1000.00 Gravity:10 Haz Category:FALLING



Text For Citation: 01 Item/Group: 001 Hazard: FALLING

SECTION 5(A)(1) OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970: THE EMPLOYER DID NOT FURNISH EMPLOYMENT AND A PLACE OF EMPLOYMENT WHICH WERE FREE FROM RECOGNIZED HAZARDS THAT WERE CAUSING OR LIKELY TO CAUSE DEATH OR SERIOUS PHYSICAL HARM TO EMPLOYEES IN THAT EMPLOYEES WERE EXPOSED TO SUFFOCATION HAZARD: A) ON OR ABOUT FEBRUARY 12, 1991, EMPLOYEES WERE EXPOSED TO SUFFOCATION HAZARD DURING BIN ENTRY OF FINES BIN. EMPLOYEES WERE CLEANING OUT THE FINES BIN TO ALLOW FINES (GRAIN) TO FLOW FREELY. EMPLOYEES ENTERED FROM THE TOP OF THE BIN WHICH WAS APPROXIMATELY 1/4-1/2 FILLED WITH FINES. ONE FEASIBLE AND ACCEPTABLE ABATEMENT METHOD, AMONG OTHERS, TO CORRECT THIS HAZARD IS TO INSTITUTE A BIN ENTRY PROCEDURE. A MINIMALLY ACCEPTABLE BIN ENTRY PROCEDURE CONSISTS OF THE FOLLOWINGELEMENTS: 1) ESTABLISH A BIN ENTRY PERMIT SYSTEM TO MAINTAIN CONTROL OVER EMPLOYEE ENTRY INTO BINS, SILOS, OR TANKS. 2) TRAIN EMPLOYEES IN THE HAZARDS ASSOCIATED WITH ENTRY INTO BINS, SILOS, AND TANKS. FOR EXAMPLE, EMPLOYEES SHOULD NEVER ENTER THESE AREAS FROM THE BOTTOM WHEN GRAIN OR OTHER AGRICULTURAL PRODUCTS ARE HUNG-UP OR STICKING TO THE SIDES. EMPLOYEES SHOULD BE MADE AWARE THAT THE ATMOSPHERE IN BINS, SILOS, AND TANKS CAN BE OXYGEN DEFICIENT OR TOXIC. CONSEQUENTLY, EMPLOYEES MUST BE TRAINED IN THE PROPER METHOD OF TESTING THE ATMOSPHERE AND THE APPROPRIATE PROCEDURES TO BE TAKEN IF THE ATMOSPHERE IS FOUND TO BE HAZARDOUS. 3) PROVIDE VENTILATION, SUPPLEMENTED BY THE USE OF APPROPRIATE RESPIRATORS, IF NECESSARY, WHEN OXYGEN LEVELS ARE LESS THAN 19.5%, OR CONCENTRATIONS OF TOXIC AGENTS PRESENT IN THE AIR EITHER EXCEED CEILING LIMITS IN OSHA'S HEALTH STANDARDS OR WILL HAVE HEALTH EFFECTS THAT RESTRICT AN EMPLOYEE'S ABILITIES TO EFFECT SELF RESCUE OR OBTAIN ASSISTANCE; OR IF COMBUSTIBLE GAS OR VAPOR CONCENTRATION IS IN EXCESS OF 10% OF THE LOWER FLAMMABLE LIMIT. VENTILATION MUST BE PROVIDED UNTIL THE UNSAFE CONDITION IS ELIMINATED AND MUST BE CONTINUED AS LONG AS THERE IS A POSSIBILITY OF RECURRENCE OF THE UNSAFE CONDITION WHILE THE BIN, SILO, OR TANK IS OCCUPIED BY EMPLOYEES. 5) PROVIDE EMPLOYEE ENTERING A BIN, SILO, OR TANK FROM THE TOP, WITH A BODY HARNESS WITH A LIFELINE OR A BOATSWAIN'S CHAIR. IN ADDITION, A TRAINED AND EQUIPPED WITH RESCUE GEAR OBSERVER MUST BE PRESENT TO MAINTAIN COMMUNICATION WITH EMPLOYEES IN THE BINS AND TO PROVIDE HELP IF NEEDED.